Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage-taking in such online dealings would see Australian contract law remain in the global arena. The Australian public need greater stability and certainty from contract law, and codification is a step towards fulfilling that void by allowing citizens to be well equipped and educated on their rights and decisions. Certainty on the Commercial Front With commercial dealings on the rise in Australia and globally, so too are the complications. If some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally. Knowledge is the definite basis of public happiness, meaning greater accessibility to a reformed or unified contract law from what already has been built at common law would mean that commercial dealings would have the confidence to be better informed with less reliance on legal advice. Ensuring that Australian contract law adapts a level of restatement, the commercia... ... middle of paper ... ...head?: Norms, freedom and acceptable terms in internet contracting’ (2010) 14 Journal of Internet Law 18-31 CASES Australian Competition and Consumer Commission v Allphones Retail Pty Ltd [2009] FCA 17 Australian Competition and Consumer Commission v Clarion Marketing Pty Ltd [2009] FCA 1441 Australian Competition and Consumer Commission v Jetplace Pty Ltd [2010] FCA 759 L’Estrange v F Graucob Ltd [1934] 2 KB 394 Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 Australian Competition and Consumer Commission v Chen (2003) 201 ALR 40 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [1978] AC 1 LEGISLATION Electronic Contracts Act 1999 (Cth) Electronic Contracts Act 2000 (NSW) Minors (Property and Contracts) Act 1970 (NSW) Competition and Consumer Act 2010 (Cth)
Chesseman, Henry R. Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues. 8th ed. N.p.: Pearson Education, Inc. , 2016. Print.
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
Wang, F. F. (2010). Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge Research in Information Technology and E-commerce Law). Routledge.
Do you know what you’re giving away when you sign up for websites? Most internet users blindly accept Terms of Service (TOS) agreements when they create accounts. TOS agreements spell out the rules users must obey in order to use a web service. Additionally, important information regarding the rights of users and of the company is included in these TOS agreements. Such agreements are unavoidable by internet users; this unavoidability is precisely why these agreements are potentially dangerous to the rights of internet users. The implementation, language, and length of TOS agreements make them morally unacceptable.
Despite it’s longevity, consideration is not without criticism. Lord Goff observed in White v Jones that: ‘our law of contract is widely seen as deficient in the sense that it is perceived to be hampered by the presence of an unnecessary doctrine of consideration’. Abolition has been urged. Since the publication of the Law Revision Committee’s report in 1937, la...
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Contract law is vital as it provides legality for agreements made between parties. English contract law was developed as common law which relies a lot on precedent. To form a legal contract, there needs to be offer, acceptance, consideration, and intention to create legal relations, capacity to contract and the final contract (Open University, 2016).
Cheeseman, H. (2006). Contemporary business and online commerce law. 5th ed. Upper Saddle River, NJ: Pearson Prentice Hall.
rule", The electronic formation of contracts and the common law: "mailbox. baylor law review. 8 april
This paper was prepared for International Business Law – BA 560, taught by Professor James Vricos.
Alsagoff, S. A. (2010). Principles of the Law of Contract in Malaysia (3rd ed.): LexisNexis Malaysia Sdn Bhd.
Powell, M. K. (2004). Preserving Internet Freedom: Guiding Principles for the Industry. Journal on Telecommunications & High Technology Law, 3, 5-21.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
According to the case study, Nathan had newly arrived in the country and holds a refugee visa. He wasn’t aware of what a contract is and the main general issue arouse in the beginning was that he hardly understands English. As he was new in the country and was looking for a telephone to get connected to his family back overseas, he thought this would be a great opportunity and that is what made him indulge in the contract. Furthermore Nathan was not fully guided by John about what is a contract and while briefing him about the contract. John knew that Nathan was unable to understand clearly what he was offering to him. In order to reach the conclusion and sort out the legal issues the knowing of Australian legal system is must. The legal system of Australia consists of Sources that are parliament and Judges which is subdivded into federal or state and common law or equity. What is a contract Law ?{ Contract law is a branch of “Private Law” and “Civil Law” defining private law completely refers to the relationship between people and Public law is dealing with persons and organization. It distinguishes itself from Criminal Law as in contract there is compensation involve in essence of claim unlike the punishment for wrongdoing in Criminal Law. In a contract generally one party sues other party for compensation. The most important and relevant Legislation is trade practices Act1974 that are concerned in contractual matters. The legislation states some amount of monetary restriction in order to apply. It differs in different states for e.g. In NSW the amount is $75000 (District Court Act 1973ss 4 and 44(i)(d) and (e) ). But in South Australia its $40000 (Magistrates Court Act 1991 s8). } Damiel Khoury, Understanding...